MATTER OF KEW QUEENS CORP.


277 A.D. 1003 (1950)

In the Matter of the Arbitration between Kew Queens Corp., Appellant-Respondent, and MacArthur Concrete Pile Corporation, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1950.


In our opinion there was no error in the calculation of the award. Upon the return of the motion to confirm the award and the motion to vacate or modify the award, Special Term was without jurisdiction to modify the award by reducing, as it did, the amount awarded, and the so-called miscalculations upon which Special Term predicated the modifications made in its order were not "evident miscalculation of figures" within the purport and meaning of section 1462-a of the Civil...

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